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Color shades

Despite the keys given by the European Court of Justice on May 6, 2003, most of the color shades applied for are, without specific circumstances, rejected for lack of distinctiveness or misrepresentation of the sign. On April, 26, 2006, the Board of Appeal ruled that the orange shade of VEUVECLICQUOT did not have the distinctive…

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Color combinations

The Community decisions concur in requesting a « systematic and constant order and disposal of the colors combined » in the trademark representation. Difficulties arise when the owner’s practice commends to use various configurations. The blue and orange colors mark of GULF OILINTERNATIONAL has been registered in last October for auto racing sponsorship and associated goods. Our…

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GCC vs./ KCC

On September 14, 2006, the Second Board of Appeal denied likely hood of confusion between the earlier mark GCC and the application KCC for goods in the electrical industry. The Board took the view that the two marks were acronyms leading oneself to pay attention to each letter separately, so that the difference in one…

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RODA vs./ ODA

On October 25, 2006, the European Court of First Instance went against the main Community case law on short marks. The Court held that the letter « R » was not sufficient enough to differentiate visually these word marks which still had 3common letters. Orally, they both bear a two-syllable structure with the same overall sound and…

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PAM-PAM vs./ PAM-PIM’S BABY-PROP

    On September 7, 2006, the European Court of First Instance claimed the marks PAM-PIM’S BABY PROP and PAM-PAM to be similar. The comparison was focused only on PAM-PAM and PAM-PIM’S because of (i ) the introductory position of PAM-PIM’S and of (ii) the presence of « baby » in many everyday language expressions for babies’…

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Oh Christmas tree !!

On September 7, 2006, the European Court of First Instance admitted the likelihood of confusion between two figurative marks. According to the Court, visually, the fir shape was the common dominant element of both marks which intellectually coincided in their ideas, the application being regarded as an amusing variant of the earlier trademark silhouette. At…

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The double test for pharmaceutical trademarks

      The « European MEdicines Agency », « EMEA »,(for the Community) – and the « French Health Products Safety Agency « AFSSAPS » (for France) – ascertain that, in the application for trade authorization, proposed pharmaceutical trademarks are not confusingly similar to other existing trademarks and cannot generate confusion as to the quality or properties of the pharmaceuticals and…

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Clarifications on the impact of the Evin law on trademarks

The Evin law relative to the anti-smoking and anti-alcohol campaign was put into force in France in January 1991 and deals specifically with restrictions on communication and advertising for tobacco products and alcoholic beverages. According to the text, « any publicity or advertising in favor of a company, a service, apiece of goods, or an article…

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It Links!

    The Google Adwords system, allowing undertakings to purchase keywords and display advertisements on their basis, leads to legal difficulties when a keyword is a third party trademark. The growing number of French decisions against Google brings us to establish a portrait of the most significant aspects.

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